Assembly Actions -
Senate Actions - UPPERCASE
|Jan 19, 2024
referred to health
Senate Bill S8352
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Health Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S8352 (ACTIVE) - Details
2023-S8352 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8352 SPONSOR: MAY TITLE OF BILL: An act to amend the public health law, the mental hygiene law, the social services law, and the insurance law, in relation to allowing certain youth to give effective consent to medical, dental, health, and/or hospital services and immunizations PURPOSE OR GENERAL IDEA OF BILL: To enable decisionally-capable minors to consent to their medical, dental, health, and hospital care. SUMMARY OF PROVISIONS: Section 1 amends Public Health Law (PHL) section 2504 subdivision 1 to add that a minor who comprehends the need for, the nature of, and the reasonably foreseeable risks and benefits involved in a health service, as well as alternatives, may consent to the service on their own.
2023-S8352 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8352 I N S E N A T E January 19, 2024 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the mental hygiene law, the social services law, and the insurance law, in relation to allowing certain youth to give effective consent to medical, dental, health, and/or hospital services and immunizations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2, 4, 5, and 6 of section 2504 of the public health law, subdivision 2 as amended by chapter 119 of the laws of 2005, subdivision 4 as amended by chapter 623 of the laws of 2019, subdivision 5 as added and subdivision 6 as renumbered by chapter 521 of the laws of 1994 and subdivision 6 as added by chapter 769 of the laws of 1972, are amended and a new subdivision 8 is added to read as follows: 2. Any person who has been married or who has borne a child may give effective consent for medical, dental, health and hospital services for his [or], her, OR THEIR child. Any person who has been designated pursu- ant to title fifteen-A of article five of the general obligations law as a person in parental relation to a child may consent to any medical, dental, health and hospital services for such child for which consent is otherwise required [which are not: (a) major medical treatment as defined in subdivision (a) of section 80.03 of the mental hygiene law; (b) electroconvulsive therapy; or (c) the withdrawal or discontinuance of medical treatment which is sustaining life functions]. 4. Medical, dental, health and hospital services may be rendered to persons of any age without the consent of a parent, legal guardian or person possessing a lawful order of custody when, in the [physician's] PRACTITIONER'S judgment, an emergency exists and the person is in imme- diate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the person's life or health. 5. Where not otherwise already authorized by law to do so, any person in a parental relation to a child as defined in section twenty-one hundred sixty-four of this chapter and, (i) a grandparent, an adult EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.